The Attorney-General of the Federation
(AGF) and the Economic and Financial Crimes Commission (EFCC) are yet
to decide on who will prosecute 16 suspects accused of multi-billion
naira fraud at the Consolidated Discount House Limited.
Lawyers representing EFCC and the AGF were engaged in arguments at the Federal High Court in Lagos on Thursday over who is empowered to prosecute the case.
Justice Mohammed Idris had, on February 23, ordered them to sort out who between them should prosecute the case, but the issue was not resolved, thereby stalling the suspects’ arraignment.
A lawyer, D.C. Enwelum, who appeared with Adedayo Adedeji for the AGF, said he filed a motion on notice praying the court to resolve the issue.
In the application, a former Nigerian Bar Association (NBA) president, Joseph Daudu (SAN), Damian Dodo (SAN), Fabian Ajogwu (SAN) and Enwelum said they were given a fiat by the AGF on May 5 last year to prosecute the suspects.
Daudu, through a supporting affidavit deposed to by Adedeji, said after they were issued the fiat, the team of lawyers held extensive meetings and brainstorming sessions, and prepared and filed three charge sheets on the AGF’s behalf.
He said after filing the charges, they were forwarded to the EFCC to help serve the accused persons with them and to facilitate their production in court for arraignment.
Daudu said surprisingly, when the case came up on February 23, a lawyer from EFCC, A.B.C Ozioko, announced appearance for the prosecution.
Ozioko had insisted that EFCC would prosecute the suspects, arguing that the suspects were in its custody.
But Daudu said in light of the subsisting fiat, no other person or agency can prosecute the accused persons except those authorised to do so by the AGF.
“The action of A.B.C Ozioko constitutes a nuisance to the proceedings and amounts to gross misconduct and abuse of the court processes and proceedings,” Daudu said.
The Nations
Lawyers representing EFCC and the AGF were engaged in arguments at the Federal High Court in Lagos on Thursday over who is empowered to prosecute the case.
Justice Mohammed Idris had, on February 23, ordered them to sort out who between them should prosecute the case, but the issue was not resolved, thereby stalling the suspects’ arraignment.
A lawyer, D.C. Enwelum, who appeared with Adedayo Adedeji for the AGF, said he filed a motion on notice praying the court to resolve the issue.
In the application, a former Nigerian Bar Association (NBA) president, Joseph Daudu (SAN), Damian Dodo (SAN), Fabian Ajogwu (SAN) and Enwelum said they were given a fiat by the AGF on May 5 last year to prosecute the suspects.
Daudu, through a supporting affidavit deposed to by Adedeji, said after they were issued the fiat, the team of lawyers held extensive meetings and brainstorming sessions, and prepared and filed three charge sheets on the AGF’s behalf.
He said after filing the charges, they were forwarded to the EFCC to help serve the accused persons with them and to facilitate their production in court for arraignment.
Daudu said surprisingly, when the case came up on February 23, a lawyer from EFCC, A.B.C Ozioko, announced appearance for the prosecution.
Ozioko had insisted that EFCC would prosecute the suspects, arguing that the suspects were in its custody.
But Daudu said in light of the subsisting fiat, no other person or agency can prosecute the accused persons except those authorised to do so by the AGF.
“The action of A.B.C Ozioko constitutes a nuisance to the proceedings and amounts to gross misconduct and abuse of the court processes and proceedings,” Daudu said.
The Nations
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